§ 54-0507. State assistance application procedure.

1. A municipality, upon the approval of its governing body, may submit
an application to the commissioner, in such form and containing such
information as the commissioner may require, for state assistance
payments toward the cost of a project which is within the state of New
York and which is eligible for state assistance pursuant to this title.

2. The commissioner shall review such project application and may
approve, disapprove or recommend modifications thereto consistent with
applicable law, criteria, standards or rules and regulations relative to
such projects. In reviewing applications for projects pursuant to this
section, the commissioner shall give due consideration to:

a. the urgency of need to provide state assistance payments for the
project in relation to the provision of monies for other project needs
in the state known at the time such application is made;

b. any adverse environmental impact resulting from the municipal
landfill, including effects on groundwater; and

c. the ability of the municipality to pay for the costs of closure.

3. No monies shall be expended for non-hazardous municipal landfill
closure projects or municipal landfill gas management projects except
pursuant to an appropriation therefor.